REPUBLIC v C.W. NYAMISA Exparte PETER MURIITHI KIMUHU [2007] KEHC 3615 (KLR)
- Court
- High Court of Kenya
- Case number
- 3615
- Citation
- [2007] KEHC 3615 (KLR)
- Decided
- 16 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication to strike out the whole of the Judicial Review ProceedingsCoramHayanga, Nyamu, Rimita, Waki, M.A. Ang'awa
Holding
The Judicial Review is accordingly struck out with costs to the Respondents.
Facts
The dispute concerned the rent procedure from property on LR Dagoretti/Riruta/444 in the Kawangware area. The proceedings were filed by Ouna & Company Advocates on behalf of Peter Muriithi Kimuhu.
Issues
- Whether an advocate who files proceedings without a practicing certificate has null and void proceedings
- Whether an advocate who is appointed a Judge of the High Court must wind up their practice
- Whether no pleadings is permitted to be filed nor work undertaken that would mainly be done by an advocate whiles on the bench
Reasoning
An advocate who files proceedings without a practicing certificate has null and void proceedings. An advocate who is appointed a Judge of the High Court must wind up their practice. No pleadings is permitted to be filed nor work undertaken that would mainly be done by an advocate whiles on the bench.
Outcome
Judicial Review is struck out with costs to the Respondents.
Orders
- Judicial Review is struck out
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…